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Corona Injury Lawyers -- This is What We do

At Montanez Yu, our injury lawyers serve clients all over California, from Sacramento to San Diego. Our main and original office is in Corona, California, in the County of Riverside, a beautiful city which lawyer Robert Montanez has called his home his entire life. Robert knows every street, nook, and cranny, in the City of Corona, and has handled car crashes all over Corona for decades.

At Montanez Yu, our injury lawyers serve clients all over California, from Sacramento to San Diego. Our main and original office is in Corona, California, in the County of Riverside, a beautiful city which lawyer Robert Montanez has called his home his entire life. Robert knows every street, nook, and cranny, in the City of Corona, and has handled car crashes all over Corona for decades.

When it comes to car accident lawyers, you have a lot of choices. You likely see dozens of billboards with personal injury lawyers trying to sell you their services. We are not them. We do not use our resources and time on expensive freeway billboards. We keep our fees and costs low for our clients, and actually meet with our clients and talk to them about their case until the case is over.

If you are looking for a injury lawyer, make sure you hire a firm where you get to talk to your lawyer when you need to. The odds of you actually getting to talk to the lawyer on that big billboard is very low. You deserve respect, you deserve communication, and you deserve a compassionate lawyer.

Call Montanez Yu today for a free consultation, our car crash and injury lawyers have been serving Corona, Riverside, and all surrounding areas throughout Southern California with excellence, compassion, and care.

Please read our client reviews for more information and the type of superior service you can expect from our award-winning office.

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Liability -- Who is At Fault?

What is liability? Who is liable? What impact does it have to me and my claim after a car crash? How does it affect my insurance rates and premiums?

Liability essentially means fault. If someone is found liable, they are found to be at fault. So in a personal injury case such as a car accident, whoever is found liable is found to be at fault for the accident and will be responsible for paying "damages" (aka money) to the persons they hurt. The concept of "damages" is explained in another article here.

What is liability? Who is liable? What impact does it have to me and my claim after a car crash? How does it affect my insurance rates and premiums?

Liability essentially means fault. If someone is found liable, they are found to be at fault. So in a personal injury case such as a car accident, whoever is found liable is found to be at fault for the accident and will be responsible for paying "damages" (aka money) to the persons they hurt. The concept of "damages" is explained in another article here.

Deciding who is at fault can be very easy or very difficult. A classic case of an easier liability case would be a person getting rear-ended at a red traffic light. A more difficult case of liability can involve lane changes, uncontrolled intersections, or any time there are more than two vehicles involved in the initial collision.

Remember that what happens in real life is not necessarily what will be relayed by the other driver to claims adjusters, lawyers, juries, and judges. People who are at fault for car accidents may lie. Even in cases where drivers are clearly liable, they may lie to save themselves from an increasing insurance premium or the possibility of a lawsuit.

To best protect yourself from such situations is to have a personal injury attorney represent you. A personal injury attorney goes to law school for years, and is licensed by the State Bar of California as fit and competent to practice law. Having such an attorney guide you through the claims, negotiation, and lawsuit process is essential in protecting your interests and fully compensating what is owed to you under California law for your medical bills, pain and suffering, loss of income, and other damages.

If you are found to be at fault for a crash, your insurance rates may go up. This can result in thousands of dollars of extra premiums paid over years, for an incident that was not your fault. This alone is worth fighting for what is right, even if you feel no pain yet and don't have medical bills to worry about.

Just because an insurance company initially found you to be at fault for the car crash does not mean that is the final conclusion. Our attorneys here at Montanez Yu have fought dozens of cases for our clients, where they were initially found to be liable, and we ended up winning them a settlement or jury verdict in court instead.

The key is to call a licensed personal injury attorney as soon as possible after a crash. You do not want to talk to anyone else about the accident and you should not sign any paperwork or release any information without consulting an attorney. The sooner you call, the sooner the law firm can hire investigators to begin collecting and preserving evidence to fight for your liability.

Montanez Yu is an award-winning boutique personal injury law firm representing only personal injury victims in Southern California. We have dealt with the multitude of various judges, court staff, insurance companies, and claims managers and adjusters to efficiently navigate the legal system to bring full compensation to our clients in an efficient manner. Call our office today for a free consultation at 949-864-6642, or email us at contact@montanezyu.com.

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Save 511 on Your Phone

If you are stuck with your vehicle on the freeway, you can get free help to get your car safely off the freeway. Call 511 from your phone.

If you are stuck with your vehicle on the freeway, you can get free help to get your car safely off the freeway.

Call 511 from your phone, and California's Freeway Service Patrol ("FSP") will:

  • Give you a gallon of gas, if you are empty;

  • Jump start your car if your battery is dead;

  • Refill your radiator;

  • Change a flat tire (NEVER change your own tire on the freeway, the risk is too high);

  • Among others.

The service covers almost all major freeways of California. As of today, the FSP covers:

  • Inland Division - Riverside and San Bernardino counties

  • Southern Division - Los Angeles county

  • Border Division - San Diego and Orange counties

  • Coastal Division - Monterey, Santa Cruz, Santa Barbara counties , San Luis Obispo, Ventura and Moorpark

  • Central Division - Fresno county

  • Golden Gate Division - Alameda, Contra Costa, Marin, Napa, Santa Clara, San Francisco, San Mateo, Solano, and Sonoma counties

  • Valley Division - Sacramento, Yolo, Placer, El Dorado and San Joaquin counties

There are limitations. The FSP:

  • Cannot tow your vehicle to a private repair service or residence.

  • Does not recommend tow service companies, repair or body shops.

  • Does not tow motorcycles.

  • Does not assist vehicles which have been involved in accidents, unless directed by CHP.

If you are ever stuck on the freeway for whatever reason, start by calling 511 and see if they can help. The worst they can say is no, and you may just get off the freeway safely and with professional help at no charge to you.

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If your car wipers are on, you should turn on your headlights

With the rainy season upon us this is a friendly reminder that you should have your headlights on at any time you are using your windshield wipers for rain, mist, or snow, no matter how bright it may seem outside.

In fact, extensive studies have shown that using your vehicle headlights during even times of daylight will reduce chances of vehicle accidents, and significantly reduce chances of pedestrian and motorcycle related accidents.

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With the rainy season upon us this is a friendly reminder that you should have your headlights on at any time you are using your windshield wipers for rain, mist, or snow, no matter how bright it may seem outside.

In fact, extensive studies have shown that using your vehicle headlights during even times of daylight will reduce chances of vehicle accidents, and significantly reduce chances of pedestrian and motorcycle related accidents.

“A motor vehicle, other than a motorcycle, shall be operated during darkness, or inclement weather, or both, with at least two lighted headlamps [when there is a] condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.”
— California Vehicle Code Section 24400

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Please be extra cautious while driving in darker conditions or when it is raining and please be sure to keep your headlights on for your and others' safety.

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Happy Thanksgiving! When driving, stay aware and safe

With Thanksgiving weekend just around the corner, we’d like to remind our readers to be extra careful when driving during the holidays. This can help prevent traffic collisions which occur at a much higher rate during this long weekend compared to the rest of the year.

Thanksgiving Holiday driving – be responsible and keep your vacation festive

With Thanksgiving weekend just around the corner, we’d like to remind our readers to be extra careful when driving during this time. This can help prevent traffic collisions which occur at a much higher rate during this long weekend compared to the rest of the year.

Below is a short list of things to keep in mind over the next few weeks.

 

Why you should be driving extra carefully on Thanksgiving

  1. Most serious and fatal traffic collisions occur on Thanksgiving, more so than during New Year’s or any other time of the year. Thanksgiving weekend carries over 250 fatal accidents per year on average, with Los Angeles being the most dangerous.

  2. Many employers do not give the Wednesday before Thanksgiving off, leading to rushed, distracted, and fatigued drivers on the road throughout that weekend.

  3. College students sometimes engage in what is called “blackout Wednesday” where students drink with their friends at school before returning home for the holidays, leading to many intoxicated and fatigued drivers on the road.

 

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Be a vigilant driver

You can be the most careful driver on the road and still be hit by a drunk driver or a person falling asleep at the wheel. Be extra alert during this holiday weekend to keep your family and yourself safe from other people’s carelessness on the road.

  1. Always wear your seatbelt. It may sound obvious, but over 60% of victims of fatal collisions were not wearing their seatbelts.

  2. Stay alert and away from cars moving erratically. Given that over 40% of victims of fatal collisions were hit by drunk drivers, you as the driver need to proactively stay vigilant of your surroundings, and to stay away from cars moving around erratically.

  3. Driving fatality increases by a rate of over 3x between 6 P.M. and 6 A.M. during this holiday weekend.

 

Some things to keep in mind

  1. Give yourself extra space – while a three seconds stopping distance might be recommended, you should consider increasing that distance during this traffic jammed holiday weekend.

  2. If you are driving to a new city, print out directions and make yourself familiar with your destination before you start driving.

  3. Distracted driving, including texting or using GPS on the phone while driving, has been shown to vastly increase your odds of being in a traffic collision. Don’t ever do this, but especially not on a holiday weekend filled with increased risks.

You can’t prevent all collisions and you can’t always protect yourself from the negligence of another person. You can, however, give yourself plenty of time to travel to your destination, maintain a safe speed and following distance, and, most importantly, remember that getting to your destination is more important than getting there on time.

From every one of us here at Montanez Yu, we wish you a happy and safe holiday season.

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5 must know tips for all motorists

Below we share 5 tips that all motorists should read and follow at all times, and especially this upcoming holiday season.

TRAVEL SAFELY THIS HOLIDAY SEASON

Below we share 5 tips that all motorists should read and follow at all times, and especially this upcoming holiday season.

Tip #1:

Learn to Drive Defensively

What you hear and read over and over is to drive defensively if you want to stay safe on the road. This is considered so important that some car insurance carriers will offer a discount if you take a course in defensive driving.

But what does driving defensively really mean? It doesn’t mean to tense up and wait for an accident to happen – it means to be aware of your surroundings and try to anticipate what the drivers around you are going to do. Don’t just react when an accident occurs; always put yourself in a safe position so you never get in an accident to begin with.

An example of defensive driving is where a driver sees a car moving erratically and, noticing that this could cause an accident, avoids that vehicle by slowing down or going around that vehicle.

Tip #2: Roads are much more slippery right after it rains after a long period of dryness

When it has not rained for some time, a mixture of oil and dust builds up on the road. When it first rains, drizzles, or snows after such periods of dryness, the roads are extra slippery due to such build-up mixing with water. Be extra cautious and keep more distance from other vehicles when driving during such times.

 

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Tip #3: Check at least the following before any holiday traveling

Tire pressure and tread depth: under-inflated tires not only waste gas, it is the leading cause of tire failure which can cause auto accidents. Poorly treaded tires increase likelihood of hydroplaning, where a layer of water gets between the tire and the road surface, greatly increasing the likelihood of a loss of steering, braking, and power control.

Replace wiper blades if necessary: unexpected weather should really be expected these days; Google how to replace these on your own and order the correct parts online to save money, or ask your local auto mechanic.

Fill the windshield washer reservoir: even if it doesn’t rain, temperature differences and other environmental conditions can cause the windshield to be covered with by a sheet of condensation and can greatly reduce visibility. Don’t be caught without windshield washer fluid when you need it.

Test the battery: nothing is worse than having a car that won’t start in the middle of your vacation. Batteries that perform fine may not work so well in colder temperatures; get it tested professionally or get a product designed for such purpose.

 

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Tip #4:

Buy or make your own emergency road kit

Everyone should have a basic emergency supply kit in their car. This is especially true in California where an earthquake can occur at any time and leave us exposed without items necessary to survive.

At the very least, be sure to keep these items in a plastic bin or duffel bag in the trunk of your car:

  • Water

  • Protein bars

  • Flashlight (with head-strap, preferred)

  • First aid kit

  • Batteries (you can purchase battery packs with car-jump capabilities with built in flash light, power outlet, USB outlet, radio, and other functionalities with increasing price point)

  • Whistle (to signal for help or to help others locate you)

  • Dusk mask

  • Towels, napkins, garbage bags, and plastic ties

  • All-in-one hardware kit (screw driver, wrench, etc.)

  • Manual can opener for food

  • Printed map of local area

  • Prescription medication

  • Change of clothes

  • Blanket

  • Cash

Pre-packed kits can be purchased and are a simple internet search away.

 

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Tip #5: Times to be extra vigilant

Holidays should be festive but no one should be drinking and driving, ever. Unfortunately, 40% of fatal traffic accidents occur during Christmas and New Year’s. New Year’s Day marks the most dangerous day to walk, so be careful when walking around busy roadways.

Driving sober won’t stop other irresponsible drivers from potentially colliding into you. Do your shopping ahead of time and try to minimize time in cars during the holidays.


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8 things you should do after every car accident

Remember to stay safe on the road through defensive driving techniques, and always stay alert when driving your vehicle. Should you be involved in an auto accident, follow this outline to protect your health and legal interests.

As recently as 2015, it was estimated that in California alone there were over 170,000 auto accidents that caused injuries every year. The number of people injured in such accidents is significantly greater at over 250,000 people.

Unfortunately, the reality is that no matter how much focus you place on defensive driving, nothing can really guarantee that you won't get into a car accident.

If such a misfortune occurs, here are certain steps that you need to know and take if you are involved in any car accident. Follow them after any traffic collision to ensure everyone is properly taken care of and that you follow the law.

1. Stop Safely

If you are involved in a car accident, do not leave the scene. Leaving the scene of even a minor accident can have you facing penalties as a hit and run driver. You are required to provide your driver’s license and vehicle registration showing current residence to other involved parties upon request. Failure to comply can result in a fine not exceeding $1,000, imprisonment in county jail for 6 months, or both.

If and only if it is safe to do so, move your vehicle to a safe spot as to not endanger other drivers passing by.

2. Check for Injuries and Get to Safety

The most important thing after an accident is to make sure that everyone is okay and that there are no catastrophic injuries or complications that need your immediate attention. Check if you or any of your passengers have any sprained or fractured bones or any other injuries which will make it difficult for them to exit the vehicle.

Remember that your vehicles can get repaired and replaced, you can't.

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3. Call 911 and Wait for Help

Your next step is to either call 911 or the local police or Sheriff’s department to report the accident and request assistance. If there are injuries, this is the time to report it in as much detail as you can so that EMTs can come to assist those who are injured.

4. Exchange Information

While you wait for help you can exchange information with the other driver(s). At a minimum, all involved parties are required to provide their driver’s license and vehicle registration upon request. It is highly advisable that you obtain the insurance information of all the other driver’s as well. You will need this information later when you make a claim with insurance companies or decide to sue other drivers for damages.

If for any reason you do not feel safe talking to the other driver (for example, you suspect they are drunk or that they may become belligerent) you can wait until the police arrive. The officer will ask for everyone's information and provide it to everyone or include it in a traffic collision report, if one is produced.

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5. Document Everything

Take pictures of the accident scene, vehicles, and informational documents yourself or have someone take them for you. Take many pictures, from different angles, and from close and afar. Remember to also take pictures of license plates, driver’s licenses, vehicle registrations, insurance cards.

Insist on the law enforcement officer making an official report of the accident. This should make your ensuing insurance claim and potential lawsuit in the future easier.

Once you are allowed to leave the scene of the accident, go to a quiet place and make a record of everything you can remember about the event. Human memory is not reliable and is often wrong, and details are forgotten as time passes.

6. Notify Your Insurer

After the accident, you should notify your insurance company. Depending on the type of your coverage, you may be able to start the car repair and rental process through them. This will also let them know that they should expect the other driver's insurance company to contact them.

Today many major insurance companies allow for filing of a claim through their website. If you prefer a more old-school method you can call them.

7. Seek Medical Attention

Do not wait to seek medical attention. Immediately after the accident you may feel fine but you may have injuries internally that are not readily detectable at the moment. Take an ambulance if you must, and visit the emergency room or urgent care if you feel necessary. At a minimum, visit your primary care physician as soon as possible.

You may not begin to feel specific pains until a couple days after the collision. While it is better to visit a medical professional later than never, you will best recover if you seek medical treatment as soon as possible after the collision.

8. Protect Your Rights

Consider hiring a personal injury attorney. A knowledgeable attorney in this field can help you through both the claims and potential lawsuit process and any other issues involved with the aftermath of an auto accident.

Car Accident Action Plan

Stay safe on the road through defensive driving and always be alert behind the wheel. Should you be involved in an auto accident, follow the above outline to protect your health and legal interests.

Contact our office by phone, text, or e-mail, at anytime for a free consultation with a licensed personal injury attorney.


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How to drive defensively for increased safety on the road

Defensive driving is the best way to avoid being involved in traffic collisions, and here in this post we go into greater detail about what defensive driving is and how to practice it at all times so that you can be safer on the road.

Defensive driving is the best way to avoid being involved in traffic collisions, and here in this post we go into greater detail about what defensive driving is and how to practice it at all times so that you can be safer on the road.


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What is defensive driving?

Defensive driving is a set of skills which allow a driver to defend themselves against possible collisions against uncontrollable factors such as bad drivers, poor weather, drunk drivers, etc. It is defined under the Safe Practices for Motor Vehicle Operations as "driving to save lives, time, and money, in spite of the conditions around you and the actions of others."

"Defensive" does not mean to react to aggressive drivers in a reactionary manner, nor does it mean to be passive and waiting for something to happen. On the contrary, one of the most important aspects of defensive driving is being aware of your surroundings at all times and to take steps to put yourself in a safer position on the road as to decrease chances of collisions.


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Why should I drive defensively?

If you practice defensive driving correctly at all times it will absolutely decrease your odds of being in a car accident. Remember that, even if you are a perfect driver, unknown and uncontrollable forces may still cause you to collide with another vehicle or object. By being a defensive driver you can put yourself in a safer space away from drunk, aggressive, and erratic drivers.

Another benefit to defensive driving is that many auto insurance carriers offer a discount if you take a course in defensive driving. Ask your auto insurance agent. You can save time and potentially lives with a simple course which can often be taken online.


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How do I drive defensively?

Remember that the more you practice defensive driving the more you will become mindful of potential dangers on the road.

  1. Always think safety first. Leave plenty of space between you and other cars. Lock your doors to prevent being thrown in case of a crash. Always wear your seat belt.

  2. Avoid and eliminate distractions. This includes using of cellphones, eating foods, putting on makeup, reading, or even using the on-board car navigation system while driving, which has been shown to be as dangerous as using a cellphone.

  3. Have an escape route. Never put your vehicle in a situation where you cannot easily get to an open and safe space, i.e., do not drive between two large trucks while tailgating a moving truck on a narrow bridge.

  4. Never depend on others. This obviously applies to other drivers -- never expect other drivers to follow traffic laws or even to be alert, conscious, or sober. Also, do not depend on your passengers -- many accidents occur where drivers make last minute turns due to passengers reading navigation directions a little too late.

  5. Isolate and manage risk. When a crisis arises, try to prioritize and deal with the most pressing issue first. A very typical scenario is when you are driving and the car in front of you suddenly stops. Your top priority should be to avoid hitting the car in front of you and so you should brake immediately without hesitation. Do not worry about the car behind you hitting you unless you absolutely have the time to account for it.

  6. Always be in control of your speed. This is not as simple as how hard you press the gas/brake pedal. You must be aware of road conditions (is it wet?), tire conditions (are the treads worn out?), elevation (is it downhill?), and emergency factors (is there an ambulance behind me?), to always be in control of your speed.

  7. Respect others on the roadway. When you see that other driver speeding and not using his turn signal, give them the benefit of the doubt and do not react with anger. They may just be driving a pregnant woman to a hospital or have a similar medical emergency.

 

Stay safe on the road!

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We love our dogs -- that's why we keep them leashed in public

For your dog and everyone else's sake, keep your pets under control at all times when in public and follow all applicable laws to keep yourself and others safe.

Our team here at Montanez Yu feels especially passionate about dog bite injuries and their victims. At the end of the day we all love our dogs and pets dearly. And because of this, we urge you to keep your pets and those around you safe and to follow all applicable laws relating to dogs and other pets, for the benefit of all pets and pet owners.


DIFFERENT STATE, COUNTY, AND LOCAL LAWS

It is important for pet owners to know that different cities and counties may have different laws relating to leashing a dog while in public. For example:

  • Long Beach requires a leash that is no longer than 8 feet long.

  • Livermore allows dogs to be unleashed even in public if under the voice control of the owner.

  • Sacramento will allow a dog to be unleashed if it has completed obedience school, but, if your dog has not yet completed obedience school it must be on a leash not exceeding 6 feet. If the dog is on a retractable leash that can extend beyond 6 feet, then it is illegal no matter what the length you set it at.

As you can see above, laws can get very specific and can change the moment you cross city lines, and some laws may even contradict each other from one city to the next. Therefore, you should research and learn the dog laws of your resident city and other cities you frequent with your dog.

The list below is not meant to be exhaustive; as always, read our disclaimer regarding our blog content. Remember that all applicable County and California state laws will apply along with the city laws listed below.

City of Corona:

  • Dogs in public must be under control and not allowed to run “at large” (per Riverside County Code);

  • Dogs older than 4 months must be licensed;

  • Households may have only up to 3 dogs;

City of Los Angeles:

  • Must “be on a leash” unless they are in your fenced yard or at  a dog park that allows off leash exercise;

  • Typing up your dog for more than three hours in a 24 hour period  is illegal;

  • Dogs older than 4 months must be licensed;

  • Households may have only up to 3 dogs;

  • Dogs older than 4 months must be vaccinated for rabies;

 City of Irvine:

  • Leash of 6-foot or shorter, held by a person who can completely control the dog at all times;

  • Dogs older than 4 months must be licensed;

  • Dogs older than 4 months must be vaccinated for rabies;

  • Households may have only up to 3 dogs;

  • All animals adopted from a shelter must be neutered/spayed;


YOUR DOG HAS RIGHTS TOO – TREAT THEM WITH RESPECT

As our best friends, our dogs deserve to be treated with respect and given the care that they deserve. Given this basic assumption, California has laws in place that make it illegal to leash a dog to anything unless it is provided with adequate food and shelter.

This means that leashing your dog outside of Starbucks while you run into grab a cup of coffee is illegal unless your dog has food, water, enough shade (if on a hot day), and sufficient leash length to roam around physically.

We recommend you do not tie up your dog and leave them alone in public, even briefly, as any dogs left alone may bite innocent by-passers no matter how well you may think you know your dog.

 

MY EXPERIENCES AS A DOG OWNING PERSONAL INJURY LAWYER

We’ve all seen pictures and videos of newborn babies sleeping with the family dog that weighs 5x as much as them. I love my dog, but I will never allow my ~40 pound German Shepherd to get near a baby. And this has nothing to do with my dog’s personality, she is the sweetest dog.

But, the reality is that animals have deep rooted instincts, you never really know for sure what can make your dog react in a triggered manner and attack or bite what is nearby. As the American Animal Hospital Association warned:

"Children are often at eye level, and may stare directly into dogs’ eyes. They also run and move suddenly, appearing like prey. Any dog may bite, even your family pet. Adults should always supervise children when they play with any dog, and they should teach children the best ways to approach and treat animals to avoid being bitten. "

While there is no ill intent on the part of any dog, usually the damage is done. One bite from a dog to any part of a newborn or toddler is likely to result in significant and permanent injuries to that toddler. This is not a risk you should take with your child or any child, nor your dog, who will have to face the consequences of such an attack in animal court. If a dog bites a child, it is basically guaranteed to be put down.

 

IF YOU LOVE YOUR DOG, KEEP THEM UNDER CONTROL

When an innocent person gets bitten by a dog, there is more victim than one. The dog will likely be called to face animal court and may face punishment. The dog owner may face harsh penalties with government entities and can be sued in civil court for the injuries that their dog caused.

Lastly, and looking at the big picture, when one dog owner breaks leash laws, every single one of us dog owners are harmed. When a loose dog bites an innocent person, trust in all dog owners diminishes.

For your dog and everyone else's sake, keep your furry best friend under control at all times when in public and follow all applicable laws to keep yourself and others safe.


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5 common driving safety myths debunked

As a personal injury attorney I deal with hundreds of car accident cases every year and we hear all sorts of "safety tips" from various drivers that can actually lead to more dangers and risks. Here we discuss 5 such commonly heard "driving safety" myths.

As a personal injury attorney I deal with hundreds of car accident cases every year and we hear all sorts of "safety tips" from various drivers that can actually lead to more dangers and risks. Here we discuss 5 such commonly heard "driving safety" myths.


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MYTH #1: Under-inflated tires increase traction

This is very commonly heard, especially in colder areas with increased rain and snowfall. This myth is far from the truth as under-inflated tires reduce safety, performance, and effectiveness.

Further remember that in colder temperatures, your tires can lose approximately one pound of inflation for every 10-degree decrease in temperature.

Always keep your tires inflated at the vehicle's recommended inflation rate which is listed on the inside of the car door.


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MYTH #2: Keep car doors unlocked while driving so they don't jam in case you crash

Approximately 10,000, people die each year due to injuries sustained while being ejected out of a vehicle in a collision. It happens more than you think. For this reason, your car doors should always be locked when you are driving your vehicle.

I've heard people argue about the risk of being trapped in a locked vehicle after a  collision. But, most emergency responders today are able to extract people from such vehicles with relative ease using modern tools. At least for me, I prefer to be locked in my car for a bit, rather than to be shot out of it.

Make sure your car doors are locked at all times when you are driving.


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MYTH #3: Safest driving position for your arms is at the 10 and 2 o'clock position

We probably all learned this at driving school when getting our license.

But it turns out this is actually a dangerous position to have your arms. Airbags can deploy at up to 200 miles per hour, and can lead to broken arms, facial lacerations, and other injuries if your arms are placed at the 10 and 2 o'clock position.

Keep your arms at a 9 and 3 o'clock position for maximum safety.

To avoid such airbag injuries, the National Highway Traffic Safety Administration recommends keeping your arms and hands at the 9 and 3 o'clock position with at least a 10 inch space between the airbag in the steering wheel and your collar bone.


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MYTH #4: Using a hands-free device to talk on the cellphone is safe

At this point, enough studies have been done to show that using a hands-free device to talk on the phone while driving may be safer than holding the phone directly, but it definitely is still not safe.

When the National Highway Traffic Safety Administration cites "driver distraction" as a cause for 25% of all traffic collisions, they are referring to any instances where the driver is distracted, including instances where the driver is using the phone, talking to passengers, or merely being around passengers who are talking on their cellphone.

As a driver, your focus should be on the road and safely navigating to your destination. Keep cellphone usage to a minimum even if you utilize a hands-free device.


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MYTH #5: Backseat passengers don't need to wear their seat-belt

It always shocks me how frequently people choose to not wear their seat-belts when in the backseat of a car, especially when in taxis or ride-sharing services like Uber or Lyft. 

Sitting in the back seat can create a false sense of safety. But remember that un-belted passengers are at risk of not getting airbag protection. In a violent crash, it is possible to be thrown through the windshield or around the hard interiors of the vehicle. None of this is worth the tiny inconvenience of strapping on that belt, so if you are the driver always insist that all passengers wear their seat-belts.


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Frequently Asked Questions (F.A.Q.) from Clients

How much does a personal injury lawyer cost? How long will it take to finish my case? Do I have to go to court?

We answer some of our clients' most frequently asked questions over the years.

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Over our years of serving personal injury victims, almost every client has asked us some of the same questions. In keeping with our goal of educating our readers, and for the benefit of all of our potential and current clients, below is a list of questions and answers to our most frequently asked questions.

Do you have any further questions for us? Feel free to contact us at any time.


How much does it cost to hire a personal injury lawyer?

We don’t get paid anything if we don’t win a settlement or court verdict for you. That is, our attorney’s fees are based on a percentage of the total recovery we win on your behalf.

 

Do I have to go to court if I file a claim?

No. Claims only involve you, your attorney, and the insurance company (either the at-fault driver’s or your own). As a matter of fact, a vast majority of cases are resolved without having to file a lawsuit. Even if we do file a lawsuit on your behalf your attendance at court will most likely be limited. Finally, only you, the client, has the choice to decide to file a lawsuit for your case.

In conclusion, a very few number of clients actually see the courtroom.

 

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How long does it take for a typical car accident or other personal injury case to finish?

Most cases should not be closed until the injured person has finished all reasonably required medical treatments and procedures. While we pride ourselves on our efficiency, we will never jeopardize our client’s interests by rushing a case to close early. Full investigation and analysis is crucial to maximizing our clients’ interests to the fullest and this can take longer time in cases that have unique and complicated issues.

If no lawsuit is filed, it is not unusual for a claim to resolve within 7-12 months. If a lawsuit is filed on our client’s behalf, the length of the case will largely depend on how the court (and the judge assigned to the case) assigns mandatory court appearance dates to the case.

We will not rush your case, as doing so will hurt your case. Instead, we maintain an open line of communication so our clients know exactly what is going on with their case at all times. Even if the process feels lengthy (and it most likely will), you will be up to date on every step and always know where you stand, with full confidence that we are doing everything we can to maximize your interests in your case.

 

Why do you need a lawyer for a car accident and other personal injury types of cases?

If you have been injured in any significant way, and it was due to someone else’s carelessness or intentional misconduct, then you may face many complications in the near future including: (1) outstanding medical bills and required medical treatments, (2) holding the responsible party financially responsible for your losses, (3) finding specialists to deal with any unique injuries you may be facing, (4) communications and demands from insurance companies and their agents, (5) and many other problems that frequently arise in personal injury cases.

Montanez Yu attorneys have dedicated their careers to serving only personal injury victims. This means that each Montanez Yu attorney is experienced to deal with the above issues every single day, to help injured people get over all those problems fast and conveniently.

You, as the injured victim, should only have to be concerned about getting better. Focusing on your health and well-being must be your main focus. Otherwise, no amount of money will ever make you feel whole again. Thus, it is our job as your personal injury attorney to deal with all of the other parties and take responsibility for all of those other issues.

 

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The other driver and/or their insurance representative is saying that I was at fault – what can I do now?

The other driver and their insurance companies and representatives do not have your best interests in mind. It is crucial that after any accident you do not discuss the facts of the case with the other driver because they may try to use this against you to blame you for the accident. Speak to a licensed personal injury attorney here at Montanez Yu and we will take over all communication with everyone, including your own insurance company.

On many occasions, we have reversed insurance company decisions to result in favorable determinations for our clients. We have reversed official police report conclusions with our independently found evidence to result in favorable liability for our clients.

We take cases denied on liability to court and fight for our clients. This is what we do. If you are in the right and there is enough evidence, we will fight for you every step of the way so you can recover what you deserve.

 

The other driver’s insurance representatives keep calling me and asking me questions and wanting to take my statement – do I have to cooperate?

No, you do not have to cooperate, and you definitely should not give any statement to them. This is how most insurance companies deal with victims of auto accidents – (1) contact them early, (2) get a recorded statement from the injured person before they can find an attorney, and (3) send a low-valued check in exchange for a signed settlement release – a document which, if signed, forever gives up any right to recover any money from the responsible party for the injuries (besides the low-valued check).

This check they offer early on is generally only a fraction of what you are truly owed and this money does not represent the true value of your claim. They are not looking out for your interests, at all.

Don’t get trapped into any of the above. Contact a personal injury attorney, get proper consultation, get the proper medical treatment you need, and make sure that you are properly compensated for your medical bills as well as your general pain and suffering damages. This is your legal right under California law.

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Uninsured / underinsured (UM) motorist coverage policy explained

An overview of how uninsured/underinsured motorist policies work and the importance of having this coverage to protect you and your family.


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In this article we discuss the importance of having uninsured motorist policy coverage. In our experience insurance sales agents rarely talk about the importance of this coverage. Further, in our firm, we see every day the importance of having this UM coverage. 

What is an uninsured/underinsured motorist coverage?

Uninsured/underinsured (shortened as "UM" or "UIM") coverage is an auto insurance policy provision that can be added on to your existing policy. In case you are in a traffic collision and the person at-fault has no insurance, your own insurance company will help pay for your medical bills, lost wages, and pain and suffering injuries under your UM policy. 

It is essentially buying insurance against persons who may be driving without insurance.

Is UM and UIM coverage the same thing? Do I need both?

Uninsured (UM) coverage applies if the negligent driver who injures you or your passengers do not have any liability insurance coverage at all. In such situations, UM coverage will help pay for you and your passenger's losses. Underinsured (UIM) coverage applies if the negligent driver's policy is insufficient to pay for all of you and your passenger's losses.

In almost every situation both UM and UIM coverage is coupled and offered together by insurance companies. Inquire with your agent to be sure.


Why do I need UM/UIM coverage? Isn't every driver required to have insurance?

1) Over 15% of California drivers are uninsured

Despite California requiring motorists to have liability insurance, 15.2% of drivers in California were uninsured as of 2015. This was higher than the national average of 13%. Some may be financially unable to insure themselves, whereas others let their policy lapse when they carelessly miss a payment. Whatever the case, if you are hurt by one of these uninsured drivers, you will want some coverage to help you in your time of need.

If you have a lot of medical bills and no UM coverage, you will most likely have to personally pay for those bills. With medical bills consistently being one of the top reasons for personal bankruptcy filing in America year after year, this is not a potential problem to be taken lightly. 

 

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2) Insurance for if you are the victim of a hit-and-run or if hit by a drunk driver

Most UM policies will cover you and your passengers if you are the victim of a hit-and-run, and that driver is not locatable. If a drunk driver hits you, that person's insurance policy may not cover them because criminal acts (such as driving under the influence) can potentially lead to non-coverage.

In both of these situations UM policies will help protect you and your passengers.

3) Minimal liability coverage in California is set very low at $15,000.00

Even if the person who causes the traffic collision has auto insurance, California's minimum liability coverage is set at $15,000.00 per person per accident. This means that if you have more than $15,000.00 in medical bills, lost wages, and other losses, you will be left to suffer those losses personally or having to sue that at-fault person. Any traffic collision that is not minor in nature will require funds above $15,000.00.

In such situations, an underinsured motorist policy will help cover losses above $15,000.00, considering that the UM policy limits is high enough.


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How do I get UM coverage?

Talk to your insurance agent or broker about adding this coverage to your policy. Here are some things to keep in mind:

1) California law requires insurers to offer UM coverage

The law only requires that insurance companies offer minimum limits of $15,000 per person and $30,000.00 per occurrence, but most insurers will offer limits starting at $30,000.00 per person and $60,000.00 per occurrence. Ask your agent or broker about this, as many do not stress the importance of this coverage.

2) Do not sign the waiver

To remove UM coverage from your policy the insurer is required to obtain a written waiver by law. Do not sign this waiver and consider obtaining UM coverage; it is very cheap in comparison to rates for liability insurance.

3) Get as much as you can

With so many uninsured drivers these days it is vital to protect yourself and your family with the highest UM/UIM coverage you can get. Many insurers will place conditions to purchasing greater limits, such as purchasing the same liability limits. Ask your agent or broker about the limits available for purchase.


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Tesla's autopilot -- not a justification to drink and drive

Tesla owner in the Bay Area made headlines last month when he was arrested after being found passed out drunk behind the wheels of his Tesla Model S. His response to the policemen that showed? In essence: "It's okay, car was on autopilot."

Tesla owner in the Bay Area made headlines last month when he was arrested after being found passed out drunk behind the wheels of his Tesla Model S. His response to the policemen that showed? In essence: "It's okay, car was on autopilot."

While that statement was likely just a desperate excuse by a drunk driver, it reflects today's society's increasing comfort and complacence with automated technology. We know that such technology has the potential to make our lives easier and better, but some are starting to learn that it can come at a horrible cost if not monitored correctly.

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Tesla . . . on autopilot slammed into a stationary Fire Truck in Culver City at 65 miles per hour.

Just earlier this year, another Tesla that was functioning on autopilot slammed into a stationary Fire Truck in Culver City at 65 miles per hour. No matter how expensive the car, how reputable the company, or how impressive the technology, we have seen repeatedly that malfunctions with these technologies can and will happen. It is not worth taking a small nap in your car while relying on your autopilot just to find your vehicle smashed in under a fire engine.

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All driver's are required by law to stay engaged and attentive even when autopilot is on. There is no law that allows drunk drivers or sleeping drivers to be behind the wheels of a car -- even if it is a Tesla with autopilot on.

Stay safe on the road!


Author: Jay S. Yu, Esq.

Jay is a licensed attorney that represents only personal injury victims in California. Contact him for a free consultation today.

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